Supplementary counter affidavit and power filed by Sri Salil Kumar Srivastava on behalf of opposite party no. 3 are taken on record.
Heard learned counsel for the petitioner and learned counsel for opposite party no. 3, the complainant of this case, and perused the record.
It is said that in case Crime No. 100 of 2006, Crl. Case No. 15167 of 2006, under Sections 420, 467, 468, 471 IPC, Police Station Hazratganj, district Lucknow both the parties have compromised the matter outside the court and pursuant to the compromise/agreement dated 02.02.2009 an amount of Rs.55 lacs has already been received through different cheques issued by the petitioners of this case in favour of the complainant and cheque for the remaining amount of Rs.15 lacs has also been received by her which is to be encashed in future. It has been specifically averred in the counter affidavit that now nothing is due an the entire payment, as mentioned above, has been made.
Learned counsel for the petitioner submits that under Section 320 Cr.P.C. some of the offence are not compoundable and, therefore, the matter could not be compromised before the court below. He has placed reliance on the case of Nikhil Merchant Vs. Central Bureau of Investigation and others (2008) 9 SCC 677. In that case criminal case under Sections 420, 467, 468, 471 IPC was compromised and considering the factum of payment of disputed amount the Hon'ble Apex Court held that the principle enunciated in the case of B.S.Joshi Vs. State of Haryana (2003) 4 SCC 675 may be applied to quash the criminal proceedings because continuance of such proceedings would be a futile exercise.
In the present case also concededly the amount in question has been paid and the matter has been compromised between both the parties, therefore, it would e a futile exercise if the criminal proceedings are continued before the court below. Therefore, I find it a fit case for invoking the inherent powers of this Court to ensure substantial justice.
In view of the above the criminal proceedings in question are hereby quashed.
The petition stands disposed of finally.